Supreme Court Upholds Trump Policy on Passport Gender Designation

The U.S. Supreme Court allowed President Trump to proceed with his plan to require that passport applicants list their sex as what was designated on their birth certificate, overturning a lower court order that had paused the policy and allowed applicants to choose their own gender identity. The decision, issued on November 6, 2025, affects the policy implemented by the Trump administration in 2023, which reversed the long-standing practice of allowing citizens to request a passport that reflects their gender identity instead of the sex listed on their birth certificate. The government had allowed this practice for over 30 years, with the option to use an "X" for neither male nor female sex marker becoming available in 2021 under President Biden. The plaintiffs, led by Ashton Orr, a transgender man who was falsely accused of using a fake passport by airport security when traveling with a passport that had a female sex marker, argued that Trump's policy would harm transgender and non-binary individuals. "This policy is a step backward for the rights of transgender and non-binary individuals," said Orr in a statement. "It will cause unnecessary stress and anxiety for those who are already vulnerable." The Trump administration argued that the policy was necessary to ensure the accuracy of passport information and prevent identity theft. "We are pleased that the Supreme Court has allowed our policy to proceed," said a spokesperson for the State Department. "This policy is a common-sense approach to ensuring the integrity of our passport system." The use of sex markers on passports dates back to 1976, when the government began listing male and female sex markers on passports. In 2021, the Biden administration introduced the option to use an "X" for neither male nor female sex marker, which was seen as a step forward for the rights of transgender and non-binary individuals. The decision by the Supreme Court has been met with criticism from LGBTQ+ advocacy groups, who argue that it will harm the rights of transgender and non-binary individuals. "This decision is a setback for the rights of transgender and non-binary individuals," said a spokesperson for the Human Rights Campaign. "We will continue to fight for the rights of these individuals and ensure that they are treated with dignity and respect." The current status of the policy is that it will proceed as planned, with passport applicants required to list their sex as designated on their birth certificate. The next developments in this case are uncertain, but it is likely that the issue will continue to be litigated in the courts.